| Serial Number | 79385994 |
| Word Mark | SWEAT HERO |
| Filing Date | Tuesday, June 27, 2023 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Tuesday, July 16, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Providing temporary use of non-downloadable game software; entertainment services, namely, providing online, non-downloadable clothing, non-downloadable headwear, non-downloadable footwear, non-downloadable legwear, non-downloadable bags, non-downloadable jewellery, non-downloadable watches, non-downloadable fashion accessories, non-downloadable sports wear, non-downloadable sports equipment, non-downloadable digital animated and non-animated designs being characters, avatars, digital overlays, and skins for use online and in online virtual environments, created for entertainment purposes; entertainment services in the nature of organizing, arranging, and hosting virtual performances, social entertainment events and shows for entertainment purposes; entertainment services, namely, providing a non-downloadable virtual environment for people to browse, accumulate, buy, sell, and trade online, non-downloadable virtual clothing, headwear, footwear, legwear, bags, jewellery, watches, fashion accessories, sports wear, sports equipment, digital animated and non-animated designs and characters, avatars, digital overlays, and skins for use in online virtual worlds for entertainment purposes; entertainment services, namely, providing an online, non-downloadable virtual environment for people to browse, accumulate, buy, sell, and trade virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets; entertainment services, namely, interactive entertainments specifically virtual reality game services provided from a computer network; entertainment services, namely, providing online virtual reality game services provided from a computer network; entertainment services, namely, providing an online, non-downloadable augmented virtual reality store for use in online retail environments; entertainment services, namely, providing online augmented reality game services provided from a computer network; entertainment services, namely, providing an interactive entertainment, specifically, augmented reality game services provided from a computer network |
| Goods and Services | Downloadable games software; downloadable mobile application games software; downloadable multimedia files containing artwork, text, audio, and video relating to general wellbeing, health, sports, and fitness; downloadable multimedia files containing artwork, text, audio, and video relating to general wellbeing, health, sports, and fitness, and the alteration of the appearance of digital animated and non-animated designs and authenticated by non-fungible tokens (NFTs); downloadable digital content, namely, video clips in the field of general wellbeing, health, sports, and fitness, photography, music, audio recordings, digital art, digital collectibles, namely, downloadable multimedia files containing artwork, text, audio, and/or video, crypto-collectibles namely, downloadable multimedia files containing artwork, text, audio, and/or video using blockchain-based software technology, smart contracts and authenticated by non-fungible tokens for use in online environments, virtual online environments and extended reality virtual environments; downloadable and recorded virtual goods, namely, clothing, headwear, footwear, legwear, bags, jewellery, watches, fashion accessories and sports wear for use in online virtual environments; downloadable digital content, namely, video clips in the field of general wellbeing, health, sports, and fitness, photography, music, audio recordings, digital art, digital collectibles, namely, downloadable multimedia files containing artwork, text, audio, and/or video, crypto-collectibles, namely, downloadable multimedia files containing artwork, text, audio and/or video using blockchain-based software technology, smart contracts and authenticated by non-fungible tokens for use in virtual online environments; downloadable digital content, namely, digital animated and non-animated designs, namely video game characters, avatars, digital overlays and skins for use in online environments, virtual online environments, and extended reality virtual environments; downloadable computer software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for use in online environments, virtual online environments, and extended reality virtual environments; downloadable software for creating non-fungible tokens; virtual reality headsets; Internet connected bracelets, namely, smartwatches adapted for use in playing virtual reality games; augmented reality headsets; wearable computer peripherals in the nature of smartwatches, headsets; wireless computer peripherals; structural parts and fittings for virtual reality headsets and wearable electronic devices |
| Goods and Services | Provision of an online marketplace for buyers and sellers of downloadable digital art images authenticated by non-fungible tokens (NFTs), digital animated and non-animated designs and characters, avatars, digital overlays, and digital skins, namely, virtual goods to alter the appearance of digital animated and non-animated designs, characters, and avatars; online retail services featuring virtual goods, being clothing, headwear, footwear, legwear, bags, jewellery, watches, fashion accessories, sports wear and sports equipment for use in online virtual worlds; retail store services featuring virtual goods, being clothing, headwear, footwear, legwear, bags, jewellery, watches, fashion accessories, sports wear and sports equipment, for use online and in online virtual environments; organizing and conducting events for commercial purposes in the interactive entertainment, virtual reality, sports and video game entertainment industries |
| Goods and Services | Software as a Service (SaaS) services featuring computer games software; providing temporary use of non-downloadable software, namely, games software; Software as a Service (SaaS) featuring computer software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments; Software as a Service (SaaS) services featuring computer software for creating non-fungible tokens; providing temporary use of non-downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments; providing temporary use of non-downloadable software for creating non-fungible tokens |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, December 27, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, December 27, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, December 27, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, December 27, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | SweatCo Ltd |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Event Date | Event Description |
| Thursday, December 21, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Wednesday, December 27, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, January 2, 2024 | APPLICATION FILING RECEIPT MAILED |
| Tuesday, March 19, 2024 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 9, 2024 | REFUSAL PROCESSED BY MPU |
| Wednesday, May 1, 2024 | REFUSAL PROCESSED BY IB |
| Thursday, June 20, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 20, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 13, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, March 20, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, April 9, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, June 20, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, July 16, 2024 | FINAL REFUSAL WRITTEN |
| Tuesday, July 16, 2024 | FINAL REFUSAL E-MAILED |
| Tuesday, July 16, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |